60 days & counting: OSHA and the EPA’s Renovation, Repairs and Painting Regulation

For anyone that has attended the EPA’s Lead RRP training knows, there is more to worry about then just what the EPA requires. As I have listed in previous articles, numerous federal agencies have their own regulations that we must know about – the CDC, CSPC, EPA, HUD, and OSHA. The CDC & CSPC regulations do not really apply to a Homeowner that just wants a deck built, kitchen, bathroom or whole house remodeled. The EPA and HUD regulations, which we have discussed, state that unless you have proof that no lead is present, you must use these work safe practices when you will be disturbing existing paint in pre-78 “target housing”. The last agency that one must consider is OSHA.

What is OSHA?

Osha or oshá (Ligusticum porteri) is a perennial herb used for it’s… Whoops wrong one…

OSHA (Occupational Safety and Health Administration) is a federal agency that falls under the Department of Labor. The Occupational Safety and Health Act, signed by President Richard M Nixon, on December 29, 1970, created it. Its mission is to prevent work-related injuries, illnesses, and occupational fatalities by issuing and enforcing rules called standards for workplace safety and health. The following states Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virgin Islands, Virginia, Washington, Wyoming actually run their own State authorized version which is either as strict or stricter than the federal statutes.

Back in August of 2007, OSHA performed a Regulatory Review of 29 CFR 1926.62 – Lead in Construction. They made a few interesting points in the review, which I will cover more in depth in some additional articles on this subject. One item that they included was a nice chart of the differences between the three different programs. Please note that this was done back in 2007 & did not have the EPA’s or HUD’s final regulation that was basically not completed until late 2009.

Use of HEPA vacuum; (HEPA vacuum is required only if the employer chooses to use vacuuming for clean-up; the employer can choose other equally effective methods as described under 29 CFR 1926.62(h) – Housekeeping.)

Use of HEPA vacuum.

Use of HEPA vacuum.

Vacuum at least daily.

Vacuum at least daily.

At end of project, vacuum top to bottom, then wash, re-vacuum.

At end of project, vacuum top to bottom, then wash, re-vacuum.

EPA/HUD more stringent than OSHA (EPA/HUD require more cleaning and a final clearance), but requirements are not inconsistent.

EPA/HUD more stringent than OSHA (EPA/HUD require more cleaning and a final clearance), but requirements are not inconsistent.

Medical Surveillance

Required.

Not covered.

Not covered.

Compliance Plan

Required when AL exceeded.

EPA and HUD require an occupant protection plan.

EPA and HUD require an occupant protection plan.

Recordkeeping

Testing results, medical program 30 years.

Reports on determinations and notifications – 3 years.

Reports on determinations and notifications – 3 years.

Confused?

As you can see just off this chart, there are many areas that conflict. Well OSHA in the typical “we are from the government & here to help” has produced an “OSHA Lead in Construction Advisor” to help you figure out what you need to do based off their regulations. It is a simple question and answer system that tells you what you need to do based off your answers. While they will give you a final report, they do not track your answers to setup an inspection. Be forewarned, just like the EPA, following information off their site does not mean you are in compliance.

In the next article (or two?) we will delve a little deaper into the OSHA issue and how it relates to the EPA’s RRP rule.

I stumbled on this blog from a link at reddit. Interesting article with many great points. I wanted to say thank you for taking time to create this information. Mike from Michigan

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